EN BANC
G.R. No. 230744, September 26, 2017
MARIO O. SALVADOR, Petitioner, v. COMMISSION ON ELECTIONS AND ALEXANDER S. BELENA, Respondents.
D E C I S I O N
TIJAM, J.:
In this Petition for Certiorari1 under Rule 64, petitioner Mario O. Salvador (Salvador) challenges the Resolutions dated November 2, 20152 and March 8, 20173 of the Commission on Elections (COMELEC) En Banc, in E.O. Case No. 14-483, which found probable cause against him for violation of Section 1004 in relation to Section 2625 of Batasang Pambansa Blg. 881 or the Omnibus Election Code of the Philippines, as amended by Section 136 of Republic Act (R.A.) No. 7166 or An Act Providing for Synchronized National and Local Elections and for Electoral Reforms, Authorizing Appropriations Therefor, and for Other Purposes.
WHEREFORE, premises considered, the Commission (En Banc) RESOLVED, as it hereby RESOLVES, to DIRECT the Law Department to FILE AN INFORMATION against [Salvador] for violation of Section 100, in relation to Section 262 of the [OEC], as amended by Section 13 of [R.A.] No. 7166.Undeterred, Salvador filed a Motion for Reconsideration,16 which was denied in a Resolution17 dated March 8, 2017. The COMELEC En Banc reiterated its earlier ruling that the provisions of law under consideration require no interpretation as the law is clear and free from ambiguity. The dispositive portion of the COMELEC En Banc resolution reads:
SO ORDERED.15
WHEREFORE, premises considered, the Commission En Banc RESOLVED, as it hereby RESOLVES, to deny the Motion for Reconsideration for lack of merit.Hence, this petition.
SO ORDERED.18
Sec. 100. Limitations upon expenses of candidates. - No candidate shall spend for his election campaign an aggregate amount exceeding one peso and fifty centavos for every voter currently registered in the constituency where he filed his candidacy; Provided, That the expenses herein referred to shall include those incurred or caused to be incurred by the candidate, whether in cash or in kind, including the use, rental or hire of land, water, or aircraft, equipment, facilities, apparatus and paraphernalia used in the campaign; Provided, further, That where the land, water, aircraft, equipment, facilities, apparatus and paraphernalia used is owned by the candidate, his contributor or supporter, the Commission is hereby empowered to assess the amount commensurate with the expenses for the use thereof, based on the prevailing rates in the locality and shall be included in the total expenses incurred by the candidate.While Section 13 of R.A. No. 7166 provides:
Sec. 13. Authorized Expenses of Candidates and Political Parties. - The aggregate amount that a candidate or registered political party may spend for election campaign shall be as follows:It could be found that Section 100 of the OEC is substantially lifted from Section 51 of Presidential Decree (P.D.) No. 1296 or the 1978 Election Code, which provides:
1. For Candidates. - Ten pesos (P10.00) for President and Vice President; and for other candidates Three Pesos (P3.00) for every voter currently registered in the constituency where he filed his certificate of candidacy; Provided, That a candidate without any political party and without support from any political party may be allowed to spend Five Pesos (P5.00) for every such voter; and
2. For political parties. - Five pesos (P5.00) for every voter currently registered in the constituency or constituencies where it has official candidates.
Any provision of law to the contrary notwithstanding any contribution in cash or in kind to any candidate or political party or coalition of parties for campaign purposes, duly reported to the Commission shall not be subject to the payment of gift tax.
Sec. 51. Limitations upon expenses of candidates. No candidate shall spend for his election campaign an amount more than the salary or the equivalent of the total emoluments for one year attached to the office for which he is a candidate: Provided, That the expenses herein referred to shall include those incurred by the candidate, his contributors and supporters,whether in cash or in kind, including the use, rental or hire of land, water or air craft, equipment, facilities, apparatus and paraphernalia used in the campaign: Provided, further, That, where the land, water or air craft, equipment, facilities, apparatus and paraphernalia used is owned by the candidate, his contributor or supporter, the Commission is hereby empowered to assess the amount commensurate with the expenses for the use thereof, based on the prevailing rates in the locality and shall be included in the total expenses incurred by the candidate.Verily, Section 51 of P.D. No. 1296 and Section 100 of the OEC made a categorical declaration as to the allowable expenditure by any kind of candidate, whether a member of a political party or an independent candidate. With the amendment introduced by R.A. No. 7166, a distinction was made between a candidate without a political party and without support from any political party and a candidate with political party and who receives support from a political party. The former is allowed to spend the P5.00 cap while the latter is allowed to spend the P3.00 cap.
In the case of candidates for the interim Batasang Pambansa, they shall not spend more than sixty thousand pesos for their election campaign.
Endnotes:
1Rollo, pp. 3-17.
2 Penned by Chairman J. Andres D. Bautista, concurred in by Commissioners Christian Robert S. Lim, Luie Tito F. Guia, Ma. Rowena Amelia V. Guanzon, Al A. Parreño, Arthur D. Lim and Sheriff M. Abas; id. at 20-25.
3 Id. at 36-40.
4 Sec. 100. Limitations upon expenses of candidates. - No candidate shall spend for his election campaign an aggregate amount exceeding one peso and fifty centavos for every voter currently registered in the constituency where he filed his candidacy: Provided, That the expenses herein referred to shall include those incurred or caused to be incurred by the candidate, whether in cash or in kind, including the use, rental or hire of land, water or aircraft, equipment, facilities, apparatus and paraphernalia used in the campaign: Provided, further, That where the land, water or aircraft, equipment, facilities, apparatus and paraphernalia used is owned by the candidate, his contributor or supporter, the Commission is hereby empowered to assess the amount commensurate with the expenses for the use thereof, based on the prevailing rates in the locality and shall be included in the total expenses incurred by the candidate.
5 Sec. 262. Other election offenses. - Violation of the provisions, or pertinent portions, of the following sections of this Code shall constitute election offenses: Sections 9, 18, 74, 75, 76, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 107, 108, 109, 110, 111, 112, 122, 123, 127, 128, 129, 132, 134, 135, 145, 148, 150, 152, 172, 173, 174, 178, 180, 182, 184, 185, 186, 189, 190, 191, 192, 194, 195, 196, 197, 198, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 223, 229, 230, 231, 233, 234, 235, 236, 239 and 240.
6 Sec. 13. Authorized Expenses of Candidates and Political Parties. - The aggregate amount that a candidate or registered political party may spend for election campaign shall be as follows:
(a) For Candidates. - Ten pesos (P10.00) for President and Vice President; and for other candidates Three Pesos (P3.00) for every voter currently registered in the constituency where he filed his certificate of candidacy; Provided, That a candidate without any political party and without support from any political party may be allowed to spend Five Pesos (P5.00) for every such voter; and (b) For political parties. - Five pesos (P5.00) for every voter currently registered in the constituency or constituencies where it has official candidates.
Any provision of law to the contrary notwithstanding, any contribution in cash or in kind to any candidate or political party or coalition of parties for campaign purposes, duly reported to the Commission shall not be subject to the payment of any gift tax.
7Rollo, p. 184.
8 Id. at 5.
9 Id. at 20-21.
10 Id. at 21.
11 Id.
12 Id.
13 Id. at 22.
14 Id. at 20-25.
15 Id. at 25.
16 Id. at 26-32.
17 Id. at 36-40.
18 Id. at 40.
19Ejercito v. Hon. COMELEC, et al., 748 Phil. 205, 279 (2014).
20Occeña v. COMELEC, 212 Phil. 368, 377 (1984).
21See Concurring and Dissenting Opinion of Justice Marvic M.V.F. Leonen in Atong Paglaum v. COMELEC, 707 Phil. 454 (2013).
22Imbong v. Ferrer, etc., et al., 146 Phil. 30, 55 (1970).
23Commissioner of Internal Revenue v. Ariete, 624 Phil. 458, 467-468 (2010).
24Sec. 262. Other election offenses. - Violation of the provisions, or pertinent portions, of the following sections of this Code shall constitute election offenses: Sections 9, 18, 74, 75, 76, 80, 81, 82, 83, 84,85,86,87,88, 89,95,96,97,98,99, 100, 101, 102, 103, 104, 105, 106 107, 108, 109, 110, 111, 112, 122, 123, 127, 128, 129, 132, 134, 135, 145, 148, 150, 152, 172, 173, 174, 178, 180, 182, 184, 185, 186, 189, 190, 191, 192, 194, 195, 196, 197, 198, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 223,229, 230, 231, 233, 234, 235, 236, 239 and 240.
25Sec. 263. Persons criminally liable. - The principals, accomplices, and accessories, as defined in the Revised Penal Code, shall be criminally liable for election offenses. If the one responsible be a political party or an entity, its president or head, the officials and employees of the same, performing duties connected with the offense committed and its members who may be principals, accomplices, or accessories shall be liable, in addition to the liability of such party or entity.